Shopping is a common and often enjoyable activity for many people. However, accidents can occur in retail settings, leaving shoppers injured and wondering who is responsible for their medical bills and other damages. Retail businesses may indeed be liable for injuries that occur on their premises if it can be proven negligence played a role. Determining liability depends on several factors, including the conditions of the store and the actions of both the business and the shopper.
For those who have been injured while shopping, it is important to understand that retail businesses have a legal responsibility to keep their premises safe for customers. This responsibility includes addressing potential hazards and ensuring the store environment does not pose unreasonable risks. At Rubin, Glickman, Steinberg & Gifford, P.C., we may be able to help you navigate the complexities of a retail injury case and determine whether the business owner could be held accountable for your damages.
What Legal Duty Do Retailers Owe to Shoppers?
Retailers have a duty of care toward their customers, which means they are legally obligated to provide a reasonably safe shopping environment. This responsibility extends to all areas of the store, from parking lots to restrooms, as well as aisles and product displays. To fulfill this duty, store owners and employees must regularly inspect the premises for potential dangers and take action to remove or fix hazards. If they fail to do so and someone is injured, the store may be held liable for negligence.
Common hazards in retail stores include wet floors, poorly maintained parking lots, faulty displays, and even inadequate lighting. If a store fails to address these risks in a timely manner, it may be considered negligent. However, the shopper must also prove the store knew or should have known about the hazard but failed to act.
In some cases, the store’s actions after an injury occurs can also play a role in determining liability. If a store employee knew about a hazard and failed to fix it or warn customers, the store is more likely to be found responsible for any resulting injuries. It is important to note that simply being injured in a store does not automatically mean the store is liable; the injured party must demonstrate the retailer’s negligence caused the injury.
How Comparative Negligence Affects Liability
In Pennsylvania, comparative negligence can impact how liability is determined in a shopping injury case. Under the state’s comparative negligence laws, both the injured party and the retailer can share responsibility for the accident. If the shopper was partially at fault, their compensation may be reduced by their percentage of fault. For example, if a shopper was not paying attention and slipped on a spill the store failed to clean up, both the store and the shopper may share liability.
To succeed in a personal injury claim against a retailer, the injured party must prove the store was more at fault than they were. In Pennsylvania, the injured party can still recover damages as long as they were less than 51% responsible for the accident. However, if the injured party is found to be equally or more responsible for their injury, they may not be able to recover any compensation.
It is also worth noting not all injuries that occur in retail stores result in successful lawsuits. For instance, if the store took reasonable precautions to prevent an accident, or if the injury was caused solely by the shopper’s own carelessness, the store may not be held liable.
What Types of Damages Can Be Recovered in Retail Injury Cases?
If a shopper successfully proves a retail business was negligent, they may be entitled to recover damages. These damages typically fall into two categories: economic and non-economic. Economic damages are the financial losses that result from the injury, such as medical bills, lost wages, and rehabilitation costs. Non-economic damages refer to compensation for intangible losses, such as pain and suffering or emotional distress.
In rare cases, punitive damages may also be awarded in retail injury claims. Punitive damages are designed to punish the store for particularly reckless or egregious behavior, rather than to compensate the injured party. Pennsylvania courts caution that punitive damages should be proportional to compensatory damages, and any amount exceeding nine times the compensatory damages may be deemed excessive.
It is crucial to remember each injury case is unique, and the types of damages available depend on the specific circumstances of the accident. Working with an attorney who understands premises liability law can help you determine the appropriate damages in your case.
How Can Rubin, Glickman, Steinberg & Gifford, P.C. Help With Your Case?
At Rubin, Glickman, Steinberg & Gifford, P.C., we have extensive experience handling personal injury claims, including those involving retail injuries. Our team understands the complexities of Pennsylvania premises liability law and can help you build a strong case to pursue the compensation you deserve. We will work with you to gather the necessary evidence, including witness statements, security footage, and store records, to establish the retailer’s negligence.
We also understand navigating a personal injury claim can be overwhelming, especially when you are recovering from an injury. Our firm will take care of the legal details so you can focus on healing. We take pride in offering personalized legal representation and will keep you informed throughout every step of the process. If you have been injured in a retail store and believe the business may be liable, do not hesitate to reach out to us for a free consultation. Contact Rubin, Glickman, Steinberg & Gifford, P.C. today at (215) 822-7575 or fill out our contact form.
Rubin, Glickman, Steinberg & Gifford P.C.
Pennsylvania Attorney's
November 7, 2024
